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PW Village at Loch Lomond Marina Groundskeeping ServicesCITY OF SAN RAFAEL Department of Public Works 111 Morphew Avenue San Rafael, CA 94901 Public Works Contract for Projects up to $175,000 This public works contract ("Contract") is entered into by and between the City of San Rafael ("City") and Forster & Kroeger Landscape Maintenance, Inc. ("Contractor"), a Corporation, for the City's Groundskeeping Services for Community Facilities District No. 2 at the Village at Loch Lomond Marina ("Project"), and is effective onA44eW f., 20B("Effective Date"). The parties agree as follows: 1. Scope of Work. Contractor will perform and provide all labor, materials, equipment, supplies, transportation, and any and all other items or services necessary to perform and complete the work required for the Project ("Work"), as specified in Exhibit A, Scope of Work, and according to the terms and conditions of this Contract, including all attachments to the Contract and any other documents and statutes incorporated by reference. To the extent that any attachment contains provisions that conflict or are inconsistent with the terms set forth in the body of this Contract, the Contract terms will control. 2. Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the documents listed below: 2.1 Notice Inviting Bids; 2.2 Contract; 2.3 Addenda, if any; 2.4 Exhibit A — Scope of Work; 2.5 Exhibit B — Noncollusion Declaration; 2.6 Exhibit C — Bid Schedule; 2.7 Exhibit D — Subcontractor List. 3. Contract Price. As full and complete compensation for Contractor's timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract, City will pay Contractor the agreed upon amounts for each month (the "Contract Price") in Exhibit C for all of Contractor's direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance and all overhead costs, in accordance with the payment provisions contained herein. The current agreed upon cost for maintenance is $3,000 per month ($36,000 annually). The annual cost would increase to $38,500 annually with the $2,500 bid add-on. 3.1 Payment. Contractor must submit an invoice on the first day of each month during the Contract Time, defined in Section 3 below, and/or upon completion, for the Work performed during the preceding month, itemizing labor, materials, equipment and any incidental costs incurred. Contractor warrants that title to all work, materials and equipment incorporated into the Work will pass to City free of any claims, liens, or encumbrances upon payment to Contractor. 4. Time for Completion. Contractor will be given a 15 -day notice to initially commence work, which shall occur no later than March 2021. Contractor will fully complete the Work according to Section 6 of Exhibit A, Scope of Work ("Contract Time"). 5. Liquidated Damages. If Contractor fails to complete the Work within the Contract Time, Contractor must pay liquidated damages in the amount of $500 per day for each day of unexcused delay in completion. Loch Lomond Marina Groundskeeping Services Up to $175,000 Contract Page 1 Approved by City Attorney dated 02/27/2020 6. Standard of Care. All Work must be provided in a manner that meets or exceeds the standard of care applicable to the same type of work in the City of San Rafael. Contractor must promptly correct, at Contractor's sole expense, any Work that the City determines is deficient or defective. 7. Permits and Licenses. Contractor, at its sole expense, must obtain and maintain during the term of this Contract, all appropriate permits, certificates and licenses including, but not limited to, the required California contractor's license and a City business license. 8. Indemnification. Contractor will indemnify, defend with counsel acceptable to City, and hold harmless to the full extent permitted by law, City, its governing body, officers, agents, employees, and volunteers from and against any and all liability, demands, loss, damage, claims, settlements, expenses, and costs (including, without limitation, attorney fees, expert witness fees, and costs and fees of litigation) (collectively, "Liability") of every nature arising out of or in connection with Contractor's acts or omissions with respect to this Contract, except such Liability caused by the active negligence, sole negligence, or willful misconduct of the City. This indemnification obligation is not limited by any limitation on the amount or type of damages or compensation payable under Workers' Compensation or other employee benefit acts, or by insurance coverage limits, and will survive the expiration or early termination of this Contract. City will notify Contractor of any third -party claim pursuant to Public Contract Code section 9201. 9. Insurance. Contractor will, at all times under this Contract, maintain the insurance coverage required in this section to cover the activities of Contractor and any subcontractors relating to or arising from performance of the Work. Each policy must be issued by a company licensed to do business in California, and with a strength and size rating from A.M. Best Company of A -VIII or better. Contractor must provide City with certificates of insurance and required endorsements as evidence of coverage with the executed Contract, or through the PINSAdvantage website https://www.pinsadvantage.com/ upon request by the City, and before the City authorizes Contractor to proceed with the Work. 9.1 Workers' Compensation. Statutory coverage is required by the California Workers' Compensation Insurance and Safety Act. If Contractor is self-insured, it must provide its duly authorized Certificate of Permission to Self -Insure. In addition, Contractor must provide employer's liability insurance with limits of no less than one million dollars ($1,000,000) per accident for bodily injury or disease. 9.2 Liability. Commercial General Liability ("CGL") insurance issued on an occurrence basis, including coverage for liability arising from Contractor's or its subcontractor's acts or omissions in performing the Work, including Contractor's protected coverage, blanket contractual, products and completed operations, broad form property damage, vehicular coverage, and employer's non -ownership liability coverage, with limits of at least $1,000,000 per occurrence and $2,000,000 general aggregate. 9.3 Automotive. Commercial automotive liability coverage for owned, non -owned and hired vehicles must provide coverage of at least $2,000,000 combined single limit per accident for bodily injury, death, or property damage. 9.4 Subrogation Waiver. Each required policy must include an endorsement that the insurer waives any right of subrogation it may have against the City or the City's insurers. 9.5 Required Endorsements. The CGL policy and the automotive liability policy must include the following specific endorsements: (1) The City, including its Council, officials, officers, employees, agents, volunteers and consultants (collectively, "Additional Insured") must be named as an additional insured for all liability arising out of the operations by or on behalf of the named insured, and the policy must protect the Additional Insured against any and all liability for personal injury, death or Loch Lomond Marina Groundskeeping Services Up to $175,000 Contract Page 2 Approved by City Attorney, dated 02/27/2020 property damage or destruction arising directly or indirectly in the performance of the Contract. (2) The inclusion of more than one insured will not operate to impair the rights of one insured against another, and the coverages afforded will apply as though separate policies have been issued to each insured. (3) The insurance provided is primary and no insurance held or owned by City may be called upon to contribute to a loss ("primary and non-contributory"). (4) Any umbrella or excess insurance must contain or be endorsed to contain a provision that such coverage will also apply on a primary or non-contributory basis for the benefit of City before the City's own insurance or self-insurance will be called upon to protect it as a named insured. (5) This policy does not exclude explosion, collapse, underground excavation hazard, or removal of lateral support. 10. Labor Code Compliance. Unless the Contract Price is $1,000 or less, the Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, beginning at section 1720, and the related regulations, including but not limited to requirements pertaining to wages, working hours and workers' compensation insurance. Contractor must also post all job site notices required by laws or regulations pursuant to Labor Code section 1771.4. 10.1 Prevailing Wages. Each worker performing Work under this Contract that is covered under Labor Code section 1720 or 1720.9, must be paid at a rate not less than the prevailing wage as defined in sections 1771 and 1774 of the Labor Code. The prevailing wage rates are on file with the City Engineer's office and are available online at http://www.dir.ca.gov/DLSR. Pursuant to Labor Code section 1775, Contractor and any subcontractor will forfeit to City as a penalty up to $200 for each calendar day, or portion of a day, for each worker paid less than the applicable prevailing wage rate, in addition to paying each worker the difference between the applicable wage rate and the amount actually paid. 10.2 Working Day. Pursuant to Labor Code section 1810, eight hours of labor consists of a legal day's work. Pursuant to Labor Code section 1813, Contractor will forfeit to City as a penalty the sum of $25 for each day during which a worker employed by Contractor or any subcontractor is required or permitted to work more than eight hours during any one calendar day, or more than 40 hours per calendar week, unless such workers are paid overtime wages under Labor Code section 1815. All Work must be carried out during regular City working days and hours unless otherwise specified in Exhibit A or authorized in writing by City. 10.3 Payroll Records. Contractor and its subcontractors must maintain certified payroll records in compliance with Labor Code sections 1776 and 1812, and all implementing regulations promulgated by the Department of Industrial Relations ("DIR"). For each payroll record, Contractor and its subcontractors must certify under penalty of perjury that the information in the record is true and correct, and that it has complied with the requirements of Labor Code sections 1771, 1811, and 1815. Unless the Contract Price is under $25,000, Contractor must electronically submit certified payroll records to the Labor Commissioner as required under California law and regulations. 10.4 Apprentices. If the Contract Price is $30,000 or more, Contractor must comply with the apprenticeship requirements in Labor Code section 1777.5. 10.5 DIR Monitoring, Enforcement, and Registration. This Project is subject to compliance monitoring and enforcement by the DIR pursuant to Labor Code section 1725.5, and, subject to the exception set forth below, Contractor and any subcontractors must be registered with the DIR to perform Loch Lomond Marina Groundskeeping Services Up to $175,000 Contract Page 3 Approved by City Attorney, dated 02/27/2020 public works projects. The registration requirements of Labor Code section 1725.5 do not apply if the Contract Price is for under $25,000. 11. Workers' Compensation Certification. Under Labor Code section 1861, by signing this Contract, Contractor certifies as follows: "I am aware of the provisions of Labor Code section 3700 which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract." 12. Termination. 12.1 Termination for Convenience. City reserves the right to terminate all or part of the Contract for convenience upon written notice to Contractor. Upon receipt of such notice, Contractor must: immediately stop the Work, including under any terms or conditions that may be specified in the notice; comply with City's instructions to protect the completed Work and materials; and use its best efforts to minimize further costs. In the event of City's termination for convenience, Contractor waives any claim for damages, including for loss of anticipated profits from the Project. If City terminates the Contract for convenience, City will only owe Contractor payment for the Work satisfactorily performed before Contract termination, as well as five percent of the total value of the Work performed as of the date of notice of termination or five percent of the value of the Work yet to be completed, whichever is less, which is deemed to cover all overhead and profit to date. 12.2 Termination for Default. The City may terminate this Contract for cause for any material default. Contractor may be deemed in default for a material breach of or inability to perform the Contract, including Contractor's refusal or failure to supply sufficient skilled workers, proper materials, or equipment to perform the Work within the Contract Time; refusal or failure to make prompt payment to its employees, subcontractors, or suppliers or to correct rejected work; disregard of laws, regulations, ordinances, rules, or orders of any public agency with jurisdiction over the Project; lack of financial capacity to complete the Work within the Contract Time; or responsibility for any other material breach of the Contract requirements. If City terminates the Contract for cause, City will only owe Contractor payment for the Work satisfactorily performed before Contract termination. 13. Dispute Resolution. Any dispute arising under or related to this Contract is subject to the dispute resolution procedures of Public Contract Code sections 9401 and 20104 et. seq., which are incorporated by reference. 14. Waiver. A waiver by City of any breach of any term, covenant, or condition in this Contract will not be deemed a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, regardless of the character of any such breach. 15. Warranty. Contractor guarantees and warrants the Work and the materials used or provided for the Project for a period of one year, beginning upon City's acceptance of the Work for the Project as complete ("Warranty Period"). During the Warranty Period, upon notice from the City of any defect in the Work or the materials, Contractor must, at its sole expense, promptly repair or replace the defective Work or materials, including repair or replacement of any other Work or materials that is or are displaced or damaged during the warranty work, excepting any damage resulting from ordinary wear and tear. Loch Lomond Marina Groundskeeping Services Up to $175,000 Contract Page 4 Approved by City Attorney, dated 02/27/2020 16. Worksite Conditions. 16.1 Clean and Safe. Contractor must maintain the Work site and staging and storage areas in a clean and neat condition and must ensure it is safe and secure. On a daily basis the Contractor must remove and properly dispose of debris and waste materials from the Work site. 16.2 Inspection. Contractor will make the Work accessible at all times for inspection by the City. 16.3 Hazardous Materials. Unless otherwise specified in the Contract documents, this Contract does not include the removal, handling, or disturbance of any asbestos or other hazardous materials, as identified by any federal, state, or local law or regulation. If Contractor encounters materials on the Project site that Contractor reasonably believes to be asbestos or other hazardous materials, and the asbestos or other hazardous materials have not been rendered harmless, Contractor may continue Work in unaffected areas reasonably believed to be safe, but must immediately cease Work on the area affected and report the condition to City. No asbestos, asbestos -containing products or other hazardous materials may be used in performance of the Work. 16.4 Utilities, Trenching and Excavation. As required by Government Code section 4215, if, during the performance of the Work, Contractor discovers utility facilities not identified by City in the Contract documents, Contractor must immediately provide written notice to City and the utility. In performing any excavations or trenching work, Contractor must comply with all applicable operator requirements in Government Code sections 4216 through 4216.5. If the trenching or excavation extends deeper than four feet below the surface, then it must also comply with Public Contract Code section 7104. 17. Records. Unless otherwise specified in Exhibit A, Contractor must maintain and update a separate set of as -built drawings while the Work is being performed, showing changes from the Work as planned in Exhibit A, or any drawings incorporated into this Contract. The as -built drawings must be updated as changes occur, on a daily basis if necessary. 18. Conflicts of Interest. Contractor, its employees, subcontractors and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or policy or in violation of any California law, including under Government Code section 1090 et seq. and under the Political Reform Act as set forth in Government Code section 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract. 19. Non -Discrimination. No discrimination will be made in the employment of persons under this Contract because of the race, color, national origin, ancestry, religion, gender or sexual orientation of such person. 20. Independent Contractor. City and Contractor intend that Contractor will perform the Work under this Contract as an independent contractor. Contractor is solely responsible for its means and methods in performing the Work. Contractor is not an employee of City and is not entitled to participate in health, retirement or any other employee benefits from City. 21. Assignment of Unfair Business Practice Claims. Under Public Contract Code section 7103.5, Contractor and its subcontractors agree to assign to City all rights, title, and interest in and to all causes of action it may have under section 4 of the Clayton Act (15 U.S.C. section 15) or under the Cartwright Act (Chapter 2 (commencing with section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the Contract or any subcontract. This assignment will be effective at the time City tenders final payment to Contractor, without further acknowledgement by the parties. 22. Notice. Any notice, billing, or payment required by or pursuant to the Contract documents must be made in writing, signed, dated and sent to the other party by personal delivery, U.S. Mail, a reliable Loch Lomond Marina Groundskeeping Services Up to $175,000 Contract Page 5 Approved by City Attorney, dated 02/27/2020 overnight delivery service, or by email as a PDF (or comparable) file. Notice is deemed effective upon delivery unless otherwise specified. Notice for each party must be given as follows: City: Address: City/State/Zip: Phone: Attn: Email: Contractor: Name: Address: City/State/Zip: Phone: Attn: Email: 111 Morphew Street San Rafael, CA 94901 415-485-3355 Ryan Montes, Operations and Maintenance Manager Ryan.Montes@cityofsanrafael.org Forster & Kroeger Landscape Maintenance, Inc. 77 Larkspur Street San Rafael, CA 94901 415-456-6684 Raul Garcia, President raul _forster-kroeger.com 23. General Provisions. 23.1 Compliance with All Laws. Contractor will comply with all applicable federal, state, and local laws and regulations including, but not limited to, unemployment insurance benefits, FICA laws, conflict of interest laws, and local ordinances. Work may only be performed by qualified and experienced workers who are not employed by the City and who do not have any contractual relationship with City, with the exception of this Contract. 23.2 Provisions Deemed Inserted. Every provision of law required to be inserted in the Contract is deemed to be inserted, and the Contract will be construed and enforced as though such provision has been included. If it is discovered that through mistake or otherwise that any required provision was not inserted, or not correctly inserted, the Contract will be deemed amended accordingly. 23.3 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City's written consent. This Contract is binding on Contractor's and City's lawful heirs, successors and permitted assigns. 23.4 Third Party Beneficiaries. There are no intended third -party beneficiaries to this Contract. 23.5 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Superior Court of Marin County, and no other place. 23.6 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract. 23.7 Integration; Severability. This Contract and the Contract documents incorporated herein, including authorized amendments or change orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor. If any provision of the Contract documents, or portion of a provision, is determined to be illegal, invalid, or unenforceable, the remaining provisions of the Contract documents will remain in full force and effect. 23.8 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code section 313. [Signatures are on the following page.] Loch Lomond Marina Groundskeeping Services Up to $175,000 Contract Page 6 Approved by City Attorney, dated 02/27/2020 The parties agree to this Contract as witnessed by the signatures below CITY: 4ppro d as to fa T s/ s AA,[/j Jim ScUzity Manager Robert F Epstein City Attor y Date _ Z v Date 3J/2 Ze21 Attest % n s/ J •- — LivrLmdsay Lara. Ci y C19rk Date v✓ /�rkK CONTRACTOR: 9-r f Business Name sr' C Seal Name/Title Date s/ Name/Title Date Contractors California License Numbens, and Expiration Datetsj Exhibit A: Scope of Work Exhibit B: Noncollusion Declaration Exhibit C: Bid Schedule Exhibit D: Subcontractor List END OF CONTRACT Loch Lomond Marina Groundskeeping Services Up to 5175.000 Contract Page 7 Approved by City Attorney dated 02'2. 2023 Exhibit A SCOPE OF WORK Loch Lomond Marina Groundskeeping Services Up to $175,000 Contract Scope of Work Approved by City Attorney, dated 02/27/2020 hP� RAF,q�` Exhibit A a 2 �, yo Cl/ Ty WITH P 2020 Request for Proposals (RFP) For Groundskeeping Services: Community Facilities District No. 2 at The Village at Loch Lomond Marina July 16, 2020 1. Introduction The City of San Rafael (City) hereby requests proposals for Groundskeeping Services for the maintenance and upkeep of the public portions of the landscaping, public restroom, park, playground and pedestrian pathways within Community Facilities District No. 2 at the Village at Loch Lomond Marina. It is the intent of the City to hire a fully -licensed contractor that is duly registered and licensed with either a C61 or C27 license in the State of California. Work will include: pruning, weeding, plant replacement, watering, garbage removal, cleaning of outdoor installations and graffiti abatement and other assignments as required. Businesses submitting a proposal must demonstrate a history of capable performance in the type of work described in this Request for Proposals document, including all Attachments (hereafter together referred to as the "RFP"). In addition, all businesses submitting a proposal must have sufficient, readily available resources, in the form of trained personnel, support services and financial resources to carry out the work without delay or shortcomings. The selected contractor will be required to perform and complete landscape maintenance by providing all labor, tools, transportation, equipment, materials, and supplies necessary to complete all work. Work must be completed in a professional, thorough and timely manner, in accordance with the standards and specifications as contained in this RFP. The term of the initial contract will be one year. Upon mutual agreement between the City and the Contractor, the contract can be extended twice for a period not to exceed two (2) years each time upon proper authorization by the Parties. The City shall retain the lowest responsible and responsive bidder (See Section 8). Interested and qualified businesses are invited to submit proposals in accordance with the requirements of this RFP summarized in Section 7. The City will accept electronic bid submittals using Bid Express. Information including the project documents and a How -To guide for first- time Bid Express users can be found on the San Rafael Bid Express home page at https://www.bidexpress.com/businesses/39341/home. Please note that you will have to register for a free Bid Express account to view project solicitations and download documents. Gary O. Phillips. Mayor • Kate Colin Vice Mayor • Maribeth Bushey. Councilmember • John Gamblin, Councilmember • Andrew Cuyugan McCullough, Councilmember 2 2. General Requirements For purposes of this RFP: the "City Representative" shall refer to the City's Operations and Maintenance Supervisor, or his or her designee. "Contractor" shall refer to the contractor selected by the City. The term "Contract" shall refer to the contract entered into between City and the selected Contractor. The Contractor will be required to conform to the following general requirements, and full compensation for such compliance shall be considered as included in the contract prices paid for the various items of work; no separate payment will be made by the City therefor: a. Management Philosophy: The Contractor shall take a proactive approach in correcting problems within the Contractor's span of responsibility and control. b. Public Image and Etiquette: Contractor's employees must wear proper protective clothing, and their clothing shall bear their business name or be unmarked. When needed, the Contractor's staff will utilize rain gear, rain boots, safety shoes, and other high visibility and protective equipment. All contracted employees while on the site shall exhibit a professional appearance. Contractor's equipment and vehicles shall also be professional in appearance and be well maintained for safe operation. c. Hours of Operation: Scheduled operations shall commence no earlier than 7:00 A.M. and shall be completed each day no later than 6:00 P.M. d. Repairs and Corrective Actions: Any private property or City property damaged or altered in any way during the performance of the work under the Contract must be reported promptly to the City Representative, and shall be rectified in a manner approved by the City Representative back to its condition prior to damage, at the Contractor's expense, within 72 hours. Any hazardous conditions noted by the Contractor that have occurred by any means other than during the performance of the Contractor's work, whether by vandalism or any other means, must be promptly reported to the City Representative. The Contractor is responsible for securing any immediate hazards with caution tape, safety cones, and/or barricades until a City Representative arrives to the location. Work requested by citizens or hazards reported by Contractor that require scheduling will be prioritized by the City Representative. Immediate response by Contractor may be necessary. e. Safety Contractor must perform all work outlined in the Contract in such a manner as to meet all accepted standards for safe practices during the maintenance operation and to safely maintain stored equipment, machines, and materials or other hazards consequential or related to the work. The Contractor must agree additionally to accept the sole responsibility for complying with all City, County, State or other legal requirements for Contractor's work including, but not limited 2020 Routine Groundskeeping: The Village at Loch Lomond Marina 3 to, full compliance with the terms of the applicable O.S.H.A., ANSI Z133 Safety Requirements and CAL E.P.A. Safety Orders at all times so as to protect all persons, including Contractor's employees, agents of the City, vendors, members of the public or others from foreseeable injury, or damage to their property. Contractor shall cooperate fully with City in the investigation of any accident, injury or death occurring on City property, including a complete written report thereof to the City Representative within twenty four (24) hours following the occurrence. Traffic Control If traffic is to be detoured over a centerline, detour plans must be submitted and approved by the City Representative prior to starting work. The City Representative will provide a traffic control plan to which the Contractor must adhere for all planned lane closures. All traffic control shall conform to the requirements of the California Manual on Uniform Traffic Control Devices (CA MUTCD), Revision 3 for construction and maintenance work zones. Contractor at its own expense shall ensure proper signage, as approved by the City Representative, during lane closures. Traffic Control may include: lights, flares, signs, temporary railings, flag person(s), or other devices as required by the City Representative. It will be the Contractor's responsibility to post "no parking" areas as required to perform work. Barricades can be provided by the City, if available, for pickup at the City Corporation Yard. Arrangements for signs and barricades can be made by verbal or written request to the City Representative five working days in advance of the need for signs and barricades. g. Integrated Pest Management The Contractor's landscaping maintenance activities (and any other City contracted work required) shall be in full compliance with San Rafael's Integrated Pest Management Policy (Attachment B). h. Preservation of Property The Contractor must exercise extreme care to avoid damage to existing street pavement areas, curb, gutter, sidewalk, trees, shrubbery, plants, pole lines, fences, markers, buildings, signs, structures, conduit pipe lines under or above ground, and/or any and all public or private improvements or facilities in or around the areas used by the Contractor in the execution of work. If directed by the City Representative, the Contractor shall install suitable safeguards to protect such property/objects from injury or damage. If any such property/objects are injured or damaged by reason of the Contractor's operations, or otherwise moved or disturbed during the work, they shall be replaced or restored at the Contractor's expense. Replacement or restoration shall be to a condition as good as when the Contractor entered upon the work. Adjacent public and/or private property and improvements shall be protected from damage and intrusion at all times during the execution of the work required by the Contract. The Contractor shall repair or replace any damaged property 2020 Routine Groundskeeping: The Village at Loch Lomond Marina 4 at its sole expense. Work shall be carried out in a manner to avoid all conflicts with use of, and access to, adjacent properties. Differing Site Conditions During the progress of the work, if latent physical conditions are encountered at the site differing materially from those indicated in the Contract, or if unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the Contract are encountered at the site, the party discovering such conditions shall promptly notify the City Representative in writing of such specific differing conditions before they are disturbed and before the affected work is performed. Upon notification, the City Representative will investigate the conditions, and if the City Representative determines that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of the work under the Contract, an adjustment will be made and the Contract modified in writing accordingly. The City Representative will notify the Contractor in writing if an adjustment of the Contract is warranted. No Contract adjustment which results in a benefit to the Contractor will be allowed unless the Contractor has requested such in writing. j. Invoicing Invoicing will be made to the City on a monthly basis. Payment and Inspection Payment will be made for work satisfactorily completed as called for in the Contract. Within a reasonable time after notification of the completion of work, the City Representative will inspect and notify the Contractor of any unsatisfactory work. Unsatisfactory work shall be corrected within 48 hours. Contractor or Contractor's representative shall meet with a representative from the City as requested by the City, in order to inspect work performed. The Contract rates shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in completing the work as specified herein, and as directed by the City. Rates shall include all direct and indirect costs. Adjustment in Scope or Quantity of Work If City gives reasonable notice to Contractor, City may propose in writing changes to Contractor's work within the Scope of Services described in the Contract. If Contractor believes any proposed change causes an increase or decrease in the cost, or a change in the schedule for performance, of the services, Contractor shall notify City in writing of that fact within five (5) days after receipt of written proposal for changes. Contractor may also initiate such notification, upon identifying a condition which may change the Scope of Services as agreed at the time of execution of the Contract covering such Scope of Services. When and if City and Contractor reach agreement on any such proposed change and its effect on the cost and time for performance, they shall confirm such agreement in writing as an amendment to the Contract. 2020 Routine Groundskeeping: The Village at Loch Lomond Marina 5 3. Licensing and Labor The Contractor shall have experience in landscaping maintenance for other California public agencies over the past five (5) years and must be duly registered and licensed with either a C61 or C27 license in the State of California. All proposing contractors must comply with the Prevailing Wage terms as outlined below. The Contractor's employees performing services under the Contract shall meet the following minimum requirements for skills, abilities and knowledge: • Demonstrated knowledge of landscaping care, including tree care, herbicide application and related operations. • Current licenses for operation of equipment utilized by such employee. • Ability to operate and maintain equipment in accordance with the manufacturer's recommendations. • Mechanical ability to make required operator adjustments to the equipment being used. • Knowledge of safety regulations as they relate to tree care and traffic control. • At all times during contracted maintenance activities, the firm shall have work crews on site that have a foreperson who can effectively communicate with residents and receive and complete instructions given by City staff and proper authorities. Bidders are hereby notified that pursuant to Section 1770 of the Labor Code of the State of California, the City of San Rafael has ascertained the general prevailing rate of per diem wages and rates for legal holiday and overtime work in the locality where the work is to be performed for each craft or type of workers or mechanics needed to perform the contract that will be awarded to the successful Bidder. The prevailing rates so determined by the City are on file in the office of the City Clerk, and copies are available to any interested party on request. No contractor or subcontractor shall be qualified to bid on or be listed on a bid proposal for a public works project unless currently registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project and no contractor or subcontractor may engage in the performance of a public works contract, unless currently registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR). Copies of the Contractor's certified payroll shall be submitted to the City within fourteen (14) days of the work performed. Certified payroll shall also be submitted electronically to DIR in accordance with all DIR requirements. 4. Insurance Requirements The City requires contractors to obtain and maintain insurance throughout the Contract term, as described in the attached form of Contract. The required bond and insurance documents must comply with all requirements described in the Contract and must be provided prior to or at the time of execution of the Contract. 2020 Routine Groundskeeping: The Village at Loch Lomond Marina 0 5. Equipment It will be the responsibility of the Contractor to provide all equipment and labor as necessary to perform the work described in the Contract documents in a safe, efficient, aesthetically pleasing, and legal manner. All equipment, vehicles, and tools must be kept in a clean and safe condition as directed by OSHA at all times during the Contract. All vehicles that are used by the Contractor shall have the Contractor's company name, logo, and vehicle number on them. Minimum requirements are ownership of, or the ability to respond with, the following equipment: Equipment Quantity Pick -Up Truck 1 5 -Yard Dump Truck 1 Weed Eaters 4 Arrow Board 1 The Contractor shall always furnish and maintain sufficient equipment as necessary to perform the work of the Contract. Such equipment shall be subject to the inspection and approval of the City Representative. If the Contractor is unable to consistently provide the necessary equipment to perform the work, such failure may be considered a material breach of the Contract. 6. Scope of Work a. Routine Groundskeeping Duties and Responsibilities This Section 6.a. defines what shall be considered routine landscaping of the public areas of the Village at Loch Lomond Marina (Routine Maintenance"). Bids for monthly maintenance costs submitted by contractors shall be fully inclusive of costs associated with performing all maintenance activities required for routine landscaping. Landscaping/General duties • Prune any shrubs or groundcover that is overhanging pathways or public areas. • Remove litter and leaves from all public areas: including but not limited to medians, pathways, park and playground areas • Remove any broken or fallen tree branches. Remove sucker growth from trees. • Control weeds in public areas, keep visibility of weeds to an absolute minimum. It is anticipated that the majority of this work will be between March and June • Check plants for signs of distress or disease. • Remove any dead plants, and replace any missing or dead plants. • Review of, and management of, current irrigation systems. System must be functional at all times: no over -spraying or excess watering. Make emergency and routine repairs to system if needed. • Adjust irrigation controllers for current season water needs of plants. • Replace broken tree stakes and remove stakes that are no longer needed. • Keep bushes and trees pruned and trimmed so that safety and informational signs are not blocked from public view. • Mowing of existing lawn area 2020 Routine Groundskeeping: The Village at Loch Lomond Marina FA • Repairs to lighting fixtures along pathways and above public fountain should be made as needed • Perform annual mulching in landscaped areas Garbage • Litter shall be removed from all public areas as a part of routine maintenance • All public garbage cans shall be emptied on a bi-weekly basis. Bags and lining should be replaced as needed. Note: garbage cans around Andy's Market are not part of this maintenance contract and shall be maintained by the market. • Wash installed garbage cans on a weekly basis • Refill and replace dog bags provided with the garbage cans as needed Public Restrooms (2) • Maintain cleanliness of public restrooms with regular cleaning and service. Restrooms must be cleaned twice weekly • Empty refuse cans within restrooms and restock paper products as needed • Perform plumbing repairs and maintenance to continue to have facility functioning correctly • Clean and inspect sump at public restroom with sanitary service • The active restroom facility located on the east side of the parking facility will need to be serviced by a pumping truck. This service may be subcontracted out and does not need to be performed by the maintenance contractor directly Park, Playground and Viewing Areas • Litter shall be removed from all park, playground and viewing areas as a part of routine maintenance • Remove graffiti from equipment and outdoor furnishings as needed • Maintain gravel or ground covering around viewing areas or playground equipment • Maintain all landscaping in the areas • Notify City of any major equipment/outdoor furniture replacement needed Fish Cleaning Station • Regularly clean and service the fish cleaning station, including removal of waste Kayak Launch and Dock (Not installed yet — possible as add on item during contract tern) • Maintain launch and dock in good condition. Regularly clear debris from the dock • Maintain even gravel level in the launch ramp • Pressure wash dock on minimal of annual basis b. Frequency of Maintenance Maintenance crews should be onsite a minimum of twice per week in order to meet the maintenance obligations in the public areas outlined in this proposal. Note: Routine landscaping maintenance activities are expected to increase March — October for the high growth season. c. Non -Routine Maintenance The full cost of Routine Maintenance shall be represented in the bid monthly contract cost. The scope of Routine Maintenance included in the monthly contract cost is detailed in Section 6.a. 2020 Routine Groundskeeping: The Village at Loch Lomond Marina L However, for significant material costs associated with work outside the scope of Routine Maintenance ("non -routine maintenance"), the Contractor may submit a request to the City for extra payment above the monthly contract costs. City must approve the request prior to work commencing. Examples of non -routine maintenance material costs include: 1. Plant replacement 2. Mulch, bark, fertilizer 3. Major irrigation repairs 4. Repairs/replacement of outdoor furnishings, equipment, or garbage cans Plant replacement and mulch, bark fertilizer. Labor associated with replanting and mulching shall be included as part of the monthly Routine Maintenance described in Section 6.a. However, cost of plant and mulch material may be an approved non -routine maintenance expense. Please note: cost of material plant replacement necessitated from plant age, disease, weather or vehicle damage, etc. shall be allowable as a separate cost reimbursement. Plant replacement necessitated as a result of a Contractor's failure to maintain will be at full cost to the Contractor. Major irrigation repairs: The Contractor is expected to perform regular repairs to the irrigation system as a part of Routine Maintenance. When extensive repairs are required, the Contractor may submit a request to the City for extra payment above the monthly contract cost. City must approve the request as non -routine maintenance, prior to work commencing. d. Clean up and Debris Disposal Contractor shall clean all job sites when work is completed and/or daily, including the raking of leaves, twigs, etc. from the lawns, street gutters, sidewalks and parkways and the sweeping or blowing of streets. Each day's scheduled work shall be completed and cleaned up and only under City approved emergency circumstances may any brush, leaves, vegetation debris or equipment be left on the street overnight. The City Representative shall be the sole judge as to the adequacy of the cleanup. e. Non -City Maintained Landscaping The Contractor shall perform work only on the areas identified in this RFP. The Contractor shall NOT perform work for adjacent homeowners; all inquiries to this effect shall be forwarded to the City Representative. f. Meetings The Contractor's Project Manager shall be available to meet, on a quarterly basis (or when deemed necessary) with the Public Works Director or his designee at a mutually agreed upon time and place to review maintenance, operations, and all other activities. 2020 Routine Groundskeeping: The Village at Loch Lomond Marina D 7. Proposal Requirements The proposal shall be concise, well -organized, and demonstrate an understanding of and ability to meet the proposed Requirements as outlined in this RFP. The proposal shall consist of: ■ Cover letter signed by the proposing contractor which includes the following information: o The name, address and phone number of the contractor's contact person for the remainder of the selection process. o Address of contractor's maintenance yard(s) o Any qualifying statements or comments regarding the proposal, contractor's approach to the work, and any information responsive to the criteria specified in the RFP and/or the proposed Contract. o Summary and definitive information regarding licenses, certifications, company experience, and qualifications. Copy of required C61 or C27 license (State of California). o Identification of subcontractors and their responsibilities. ■ Bid Proposal o All contractors submitting a bid must fill out "Price of Items" ■ List of key personnel (name, position, experience at position, employer, and dates of employment) available to respond under the Contract. ■ List of equipment (description, quantity, make, model, year, and condition) available for use under the Contract. All fonts must be size 11 pt, and the full length of the proposal may not exceed 30 pages one sided. Proposals are to be submitted marked with the name of the Contractor, the Contractor's address and "Groundskeeping Services: Community Facilities District No. 2 at The Village at Loch Lomond Marina". Proposals received after the time and date specified will be rejected and returned unopened to the proposer. Failure to adhere to these specifications may be cause for rejection. 2020 Routine Groundskeeping: The Village at Loch Lomond Marina 10 The City will accept electronic bid submittals using Bid Express, by or before Sept 9, 2020, at 10:30 a.m. at which time the bids will be publicly opened and read aloud on a Zoom Meeting. Information including the project documents and a How -To guide for first-time Bid Express users can be found on the San Rafael Bid Express home page at https://www.bidexpress.com/businesses/39341/home. Please note that you will have to register for a free Bid Express account to view project solicitations and download documents. When: Sept 9, 2020 10:30 AM Pacific Time (US and Canada) Topic: Bid Opening for Groundskeeping Services: Community Facilities District No. 2 at The Village at Loch Lomond Marina Bid Opening on Zoom: Sept 9, 2020 10:30 AM Pacific Time (US and Canada) Join Zoom Meeting https://zoom.us/m/3062708393 Meeting ID: 306 270 8393 One tap mobile +16699006833„3062708393# US(San Jose) +13462487799„3062708393# US (Houston) Dial by your location +1 669 900 6833 US (San Jose) +1 346 248 7799 US (Houston) +1 253 215 8782 US (Tacoma) +1 312 626 6799 US (Chicago) +1 929 205 6099 US (New York) +1 301 715 8592 US (Germantown) Find your local number: https://zoom.us/u/ab8URLJggb 8. Bid Award Process The City will award one contract for Groundskeeping Services: Community Facilities District No. 2 at The Village at Loch Lomond Marina to the lowest responsive and responsible bidder. To determine the lowest bid, the City will review the Grand Total for each Bidder as indicated on the Bidder's Bid Proposal. In order to be determined responsive, a Bidder must respond to all requests for information and supply all information/documents required in this RFP. Any bid may be rejected if it is conditional, incomplete, or contains irregularities. Minor or immaterial irregularities in a bid may be waived. Waiver of an irregularity shall in no way modify this RFP nor affect recommendation for award of contract. The City also reserves the right to reject all bids. 9. RFP Addenda All requests for clarification for this RFP must be made in writing. The City will only respond to written questions from contractors. The City will not respond to verbal questions submitted by telephone or in person. All questions relating to the RFP shall be submitted at least 96 hours prior to the due date for proposals to Talia.SmithCab-cityofsanrafael.org. 2020 Routine Groundskeeping: The Village at Loch Lomond Marina 11 Addenda will be posted to the project webpage on BidExpress. By submitting a proposal, the proposer affirms that they are aware of any addenda and have prepared their proposal accordingly. No allowances will be made for a proposer's failure to inform themselves of addenda content. 10. Attachments Attachment A — Map of Areas and Features to be Maintained Attachment B — San Rafael Integrated Pest Management Policy 2020 Routine Groundskeeping: The Village at Loch Lomond Marina 01 z CDL 4 4, N, I M 5.7 3c3 N d _Z U r Cn O r~n rn W C/) o LU CL o>v`L O C) W �CLZ7 J W ' 8 Q W �gLL m LL ¢ OUl LL I— o } U 65 San Rafael Policy and Procedures Polic No. Subject: Integrated Pest Management Resolution No. Issue Date: Revision Date: September, 2017 Prepared By: Dave Davenport, Park Maintenance Supervisor Approved B : Jim Schutz, City Manager Integrated Pest Management Program Scope of IPM Policy This policy governs not only Department of Public Works employees, but also contractors hired by the City and persons acting under the authority or on behalf of the City in the care and maintenance of City parks, landscaped areas, and all other City owned properties. The term "pesticide" is a general term that includes herbicides, insecticides, fungicides, and rodenticides. The City of San Rafael is committed to a comprehensive Integrated Pest Management (I PM) program guiding the management of its parks, landscaped areas, public right-of-ways, buildings and other essential public properties. The purpose of this IPM program is to ensure and enhance the health, safety and welfare of citizens, visitors, and City staff by clearly defining the City's pest management strategy, the priorities for administering this strategy, and the various means by which these priorities may be realized. Public access to records and information relating to the City's pesticide use is an essential component of a success full PM program, and San Rafael is fully committed to providing all pertinent information to the public in a timely, comprehensive, and understandable manner. The City realizes that some pesticides are potentially hazardous to human health and the environment, and shall administer this IPM program with a focus on long term suppression of pest problems with minimum impact on human health, non -target organisms, and the environment. Least toxic pesticides are used only after monitoring indicates such a need, pursuant to the provisions of this policy. 1. The City of San Rafael's IPM program will include the following components: a) Educate and train City staff including contractors, landscapers, and facility managers in the IPM program, practices and policy. b) Require City pesticide application contractors to implement the IPM Policy on all property owned, leased, or managed by the City and to report the types and amounts of pesticides used by the contractor on City said property. C) Reduce to the maximum extent practicable the use of pesticides. d) Consider taking a "no -action" approach in addressing certain pest control issues. e) Review and consider available non -chemical options before using a chemical pesticide. f) Identify pests and least toxic methods to control pests. g) Identify, evaluate and minimize or eliminate conditions that encourage pest problems. h) Conduct careful and efficient inspection, monitoring, and assessment of pest problems by designated personnel or contractor knowledgeable of IPM methods. i) Maintain records by City departments on IPM methods considered and used to prevent and control pests. j) Comply with all applicable state and federal regulations, including pesticide use and reporting. k) Provide open public access to all IPM program information and records via website. I) Conduct decision-making based on the best available science and data. m) Keep the County Agricultural Commissioner informed of water quality issues related to pesticides and of violations of pesticides regulations (e.g., illegal handling) associated with storm water management; As the City plans for the development of new parks and landscaped areas, or the rehabilitation of existing areas, specific attention will be directed toward including specifications that eliminate or reduce the need for chemical pesticides (e.g., mow strips next to fencing, covering all new planting areas with mulch, etc.). Integrated Pest Management Coordinator The Parks Superintendent shall be designated as the IPM Coordinator. The IPM Coordinator is primarily responsible for implementing the IPM Policy and coordinating efforts to implement IPM techniques within the Public Works Department. The Coordinator is responsible for communicating goals and policy decisions to appropriate City staff and contractors, as well as ensuring proper training of all employees involved with the IPM program, and all contractors who perform landscape maintenance on the City's behalf. Only individuals specifically designated by the IPM Coordinator as Pesticide Applicators shall be permitted to apply pesticides on City parks, landscaped areas, and other essential public lands. Applicators shall possess a Qualified Applicator Certificate or Qualified Applicator License, issued by the California Department of Pesticide Regulation. The IPM Coordinator is responsible for ensuring that pesticide use is recorded and made available for public review pursuant to the provisions of this policy. Education and Training of Staff Education and training of personnel is critical to the success of this IPM program. Employees involved in the maintenance and associated operations of City property, including the City's parks, landscaped areas, and other essential public lands, or with the purchasing, storage, handling, and application of pesticides shall receive all the mandated, necessary, and reasonable IPM training required to perform such work in an efficient and safe manner, consistent with the provisions and intent of this policy. Continuing Education Unit (CEU) training in IPM and training in the use of nonchemical methods of pest control are important to a successful program. In addition to formal training, the City shall provide "Safe Handlers" training to all staff assisting in the application, storage or handling of pesticides or pesticide -related equipment. This shall include training specific to the IPM Policy. To the greatest extent practicable, City staff will ensure that all contractors hired to perform IPM related work on the City's behalf have received appropriate education and training. The Public Works Department is dedicated to providing adequate funding and budget planning to maintain training and educational opportunities for all employees. Use of Alternatives to Herbicides The City is fully committed to the use of pesticide alternatives whenever practicable. Currently, the Parks Division utilizes the application of mulch materials to discourage weed growth and encourage plant health. An agreement between the City and its contract arborist specifies the provision of mulch material generated in the course of the tree maintenance contract. This mulch material is utilized by the Parks Division as a first line of defense against the proliferation of weeds. The Parks Division also uses a weed torch as a post emergent weed control. In City playgrounds and picnic table areas, where the use of traditional herbicides is not permitted pursuant to this policy as well as past practice, landscape maintenance crews utilize propane weed torches to burn and discourage weed growth. Extreme care must be exercised with the use of weed torches to avoid touching off unwanted conflagrations, so their use is limited by site and environmental conditions. Criteria for Selection and Use of Pesticides There shall be no non-exempt herbicide applications permitted within City playgrounds, picnic table areas, and on the grounds of City Hall and the Library. It is understood that a completely weed free landscape environment is not a goal to which the City shall aspire. The Public Works Department shall maintain landscaped areas reasonably weed free, to preserve the function, and reasonable aesthetic appearance of public areas and City facilities. With this goal in mind, and considering the Parks Division staffing levels and the division's ability to provide fundamental services, the City shall select herbicides of the least toxic formulation from the list of Approved Use Products included in this policy from the County. Herbicides shall be used only after all other non -pesticide means of weed control have been utilized or have been determined to be not feasible in a particular application due to site factors, ability of staff to provide a particular function or service, or other pertinent factors. Exemption Process If the IPM Coordinator accepts a recommendation from the Pest Control Advisor that a pesticide outside of the Approved Use list should be utilized, the IPM Coordinator shall submit a written request to the Public Works Director for approval. The Director shall approve such requests only if the I PM Coordinator has documented in writing: 1) a compelling need to use the pesticide, 2) a good faith effort to find alternatives to the particular pesticide, 3) that effective, economic alternatives to the particular pesticide do not exist for the proposed use, and 4) that the recommended pesticide is the least toxic pesticide available to control the target pest. Exemptions shall be granted on a case by case basis and shall apply to a specific pest problem for a specific and limited time, with the selection and application of such pesticides conforming to the spirit and intent of this policy. Notification of Pesticide Applications (i.e. posting) The Department of Public Works shall notify the public of pesticide applications at specific locations. The locations requiring notification shall be maintained on a list (as Attachment A to this policy) and updated as necessary. Notification locations shall be those places where there is a high level of public contact with the landscape. Notification shall be required at those sites listed in Attachment A. Notification shall be accomplished by posted signs at reasonable entry point locations. Notices shall include the product name, EPA Registration # (if applicable), and contact phone number for more information. Notices shall be posted prior to pesticide application and shall remain in place for at least 48 hours. If using a product of concern in an area frequented by people or pets access shall be restricted for 48 hours. Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) Exempt, National Organic Program (NOP) approved, or other such non-toxic or botanical pesticides shall be exempt from these notification requirements. Record Keeping of Pesticide Applications The IPM Coordinator shall be responsible for maintaining records of all pesticide applications on City property performed by the City staff, or by contractors or persons authorized to apply pesticides on behalf of the City. The City shall maintain these records for a period of four (7) years, and shall make the information available to the public, upon request. Application records shall include at least the following information: site of application, date of application, target pest, name of the product and active ingredient of the pesticide(s) applied and EPA registration number, amount of product applied, and the pesticide signal word. In addition, IPM records shall include a list of all exemptions granted, as well as the written justifications developed for the consideration of those exemptions. The IPM Coordinator shall strive to make this information available via an IPM website in a prompt and efficient manner with the understanding that its provision is not only the legal right of any member of the public, but also a critical component of a successful IPM program. The IPM Coordinator shall track IPM Policy implementation by periodically reviewing pesticide use by city staff and outside contractors. In order to report on pesticide use when requested by the Regional Water Quality Control Board, the IPM Coordinator shall keep records of the City's own use of pesticides of concern and the pesticides of concern used by the permittees' hired contractors on City owned or maintained property. Pesticides of concern include glyphosate based products. Exemption to This Policy An exemption to this pesticide policy will be made in order to control the proliferation of biting or stinging insects such as yellow jackets, wasps, mosquitoes, and other similar pests. Generally, the control of these insects is administered by the Marin -Sonoma Mosquito and Vector Control District. In addition, the City will exempt any governmental entity from the provisions of this policy whose authority pre-empts that of the City. Attachment A Locations requiring public notification for pesticide applications: 1. Albert Park & San Rafael Community Center 2. Bernard Hoffman Field 3. Boyd Park 4. Falkirk Cultural Center 5. Freitas Park 6. Gerstle Park 7. Munson Park 8. Oleander Park 9. Peacock Gap Park 10. Pickleweed Park & Community Center 11. Ranchitos Park 12. Russom Park 13. Santa Margarita Park 14. Shoreline Park 15. Spinnaker Point I, II, III, IV 16. Sun Valley Park 17. Terra Linda Recreation Center 18. Victor Jones Park 19. Pedestrian Right -of -Ways 20. City Public Buildings a. San Rafael City Hall b. B Street Community Center C. Albert J Boro Community Center d. Terra Linda Community Center e. San Rafael Fire Stations f. 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V o Q CLU I I w s ori T n. a Q 3 a I I U a 0 Q n iv (n 0 w hP•� RAFq�` �1 A a y0 C/TrWiTH Amy Date: July 30, 2020 ADDENDUM NO. 1 GROUNDSKEEPING SERVICES: COMMUNITY FACILITIES DISTRICT NO. 2 AT THE VILLAGE AT LOCH LOMOND MARINA ALL CONDITIONS NOT AFFECTED BY THIS ADDENDUM SHALL REMAIN UNCHANGED. PLEASE ACKNOWLEDGE RECEIPT OF THIS ADDENDUM IN THE BID PROPOSAL SECTION OF YOUR ELECTRONIC BID. This addendum is issued to reflect the following changes, clarifications and additions to Construction Plans and the Specification and Contract Documents as follows: 1. The bid opening has been pushed back to Friday, August 7, 2020 at 10:30 AM Pacific Time to account for recent changes to payment schedule. A second addendum will be published on July 31, 2020 with details regarding these changes. By: , Theo Sanchez Associate Civil Engineer CITY OF SAN RAFAEL 1 .. FIFTH AVENUE, SAN RAFAEL, CALIFORNIA•. .• Gary O. Phillips, Mayor • Kate Colin, Vice Mayor • Maribeth Bushey. Councilmember • John Gamblin. Councilmember • Andrew Cuyugan McCullough. Councilmember �P•� RAFq�I �1 s 2 � y0 /Tr WITH t' Date: August 6, 2020 ADDENDUM NO. 2 GROUNDSKEEPING SERVICES: COMMUNITY FACILITIES DISTRICT NO. 2 AT THE VILLAGE AT LOCH LOMOND MARINA ALL CONDITIONS NOT AFFECTED BY THIS ADDENDUM SHALL REMAIN UNCHANGED. PLEASE ACKNOWLEDGE RECEIPT OF THIS ADDENDUM IN THE BID PROPOSAL SECTION OF YOUR ELECTRONIC BID, This addendum is issued to reflect the following changes, clarifications and additions to Construction Plans and the Specification and Contract Documents as follows: 1. Due to the high volume of questions posted for this solicitation, the bid opening has been pushed back to Wednesday, September 91h, 2020 at 10:30 AM Pacific Time to give city staff time to properly address them. By: j• � -��/i Theo Sanchez Associate Civil Engineer .. FIFTH AVENUE,SAN RAFAEL, CALIFORNIA•. Gary O. Phillips, Mayor • Kate Colin. Vice Mayor • Maribeth Bushey, Councilmember • John Gamblin Councilmember • Andrew Cuyugan McCullough Councilmember �P•� RAFq�I A s 2 �, yo ,ryWITH Ply Date: September 2, 2020 ADDENDUM NO. 3 GROUNDSKEEPING SERVICES: COMMUNITY FACILITIES DISTRICT NO. 2 AT THE VILLAGE AT LOCH LOMOND MARINA THIS ADDENDUM IS ISSUED TO REFLECT THE FOLLOWING CHANGES, CLARIFICATIONS, AND ADDITIONS TO THE CONSTRUCTION PLANS, SPECIFICATIONS, AND CONTRACT DOCUMENTS AND SHALL BE INCLUDED WITHIN THESE DOCUMENTS. ALL CONDITIONS NOT AFFECTED BY THIS ADDENDUM SHALL REMAIN UNCHANGED. PLEASE ACKNOWLEDGE RECEIPT OF THIS ADDENDUM IN THE BID PROPOSAL SECTION OF YOUR ELECTRONIC BID. The following questions have been received by the City: Question Group 1: It seems difficult to provide a price to maintain the light fixtures as there is no way to know how many issues may arise during the year. Would you consider making this a separate bid item, billed at a fixed price on an as needed basis, instead of part of the lump sum bid? What type of light bulb do the landscape lights require? How often should the septic tank be emptied? Response: These questions concern details that either 1) can be addressed once a contractor has been awarded the project, 2) the City was not able to determine, or 3) are not likely to have a significant bearing on the total bid price. Please estimate some average cost for these items. Question Group 2: Where is the irrigation controller located? How many controllers are there? What type of controllers are they? Response: There are two irrigation controllers are on the southwest corner of Loch Lomond Dr and Bayharbor Way. According to the plans, they are the Toro -TIS -48 -PED controller. Question Group 3: The bathrooms are currently locked. What supplies and type are required to properly stock them? Is there a storage area for bathroom cleaning supplies? Response: They're closed due to COVID-19 restrictions. The bathrooms will need to be stocked with standard -size toilet paper rolls, tri -fold paper towels, and liquid hand soap. There appears to be a storage area in the back for storing bathroom and cleaning supplies. CALIFORNIACITY OF SAN RAFAEL 1 1400 FIFTH AVENUE, SAN RAFAEL, . .• Gary 0 Phillips, Mayor • Kate Colin Vice Mayor • Maribeth Bushey, Councilmember • John Gamblin Councilmember • Andrew Cuyugan McCullough, Councilmember Question 4: There is a discrepancy on the time of completion: The RFP says one year with 2 possible 2 -year options to renew, but the sample project agreement states 15 days from the notice of award. My bonding company would like clarification and to have the 2 documents match. Can this be done? Response: The sample agreement has been revised to match the one-year time of completion from the RFP. Question 5: Also, the RFP states that the renewals will be at the City's discretion, would you consider changing this to be by mutual agreement with the contractor? Response: The paragraph in question from page 1 of the RFP has been revised as follows: "The term of the initial contract will be one year. Upon mutual agreement between the City and the Contractor, the contract can be extended twice for a period not to exceed two (2) years each time upon proper authorization by the Parties." Question 6: Some of the plants are not looking good. Will all the dead and dying plants be replaced prior to the beginning of the new contract or will this be an item that is added as extra work after the contract is awarded? Response: The current status of the improvements has not yet been accepted by the City. The developer will be responsible to replace prior to acceptance. Question 7: What will be the performance bond amount? percentage? or requirement? Response: After receiving further clarification from the City Attorney, all bond requirements have been removed from this solicitation. CITY OF SAN RAFAEL 1 1400 FIFTH AVENUE, SAN RAFAEL, CALIFORNIA 94901 1 CITYOFSANRAFAEL.ORG Gary O. Phillips. Mayor - Kate Colin, Vice Mayor - Maribeth Bushey: Councilmember - John Gamblm. Councilmember • Andrew Cuyugan McCullough, Councilmember New Zoom Bid Opening Bid Opening on Zoom: Sept 9, 2020 10:30 AM Pacific Time (US and Canada) Join Zoom Meeting https:Hzoom.us/*/3062708393 Meeting ID: 306 270 8393 One tap mobile +16699006833„3062708393# US(San Jose) +13462487799„3062708393# US (Houston) Dial by your location +1669 900 6833 US (San Jose) +1346 248 7799 US (Houston) +1253 215 8782 US (Tacoma) +1312 626 6799 US (Chicago) +1929 205 6099 US (New York) +1 301 715 8592 US (Germantown) Meeting ID: 306 270 8393 Find your local number: https:Hzoom.us/u/ab8URUggb By: Theo Sanchez, PE Associate Civil Engineer CITY OF SAN RAFAEL 1 1400 FIFTH AVENUE, SAN RAFAEL, CALIFORNIA 94901 1 CITYOFSANRAFAEL.ORG Gary O. Phillips. Mayor • Kate Colin, Vice Mayor • Maribeth Bushey. Councilmember • John Gamblin. Councilmember • Andrew Cuyugan McCullough. Councilmember Exhibit B NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID The undersigned decla{rrees- I am the kytt l UCC [title) of ^ I L [business name] the party making the foregoing bid. The bid is not made in the interest of or on behalf of, any undisclosed person, partnership, company association, organization, or corporation. The bid is genuine and not collusive or sham The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner. directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership. company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid and will not pay, any person or entity for such purpose. This declaration is intended to comply with California Public Contract Code § 7106 and Title 23 U.S.0 § 112. 1 declare ur rimer ppRnalty of perjury under the laws ofhe St to of California that the foregoing is true and co ect ari th thi declaration is ecuted on �i [date], at [city]. [state] sl 24 ta jj � Name [print] END OF NONCOLLUSION DECLARATION Loch Lomond Marina Groundskeeping Services Up to $175,000 Contract Noncollusion Declaration Approved by City Attomey. dated 2'27'2020 Exhibit C BID SCHEDULE Pricing must be provided for each Bid Item as indicated. The lump sum or unit cost for each item must be inclusive of all costs, whether direct or indirect, including profit and overhead. LS = Lump Sum Item Description Quantity Unit Unit Cost Total Cost 1. Routine Maintenance Cost (January) 1 @ LS $3,000.00 — $3,000.00 2. Routine Maintenance Cost (February) 1 @ LS $3,000.00 — $3,000.00 3. Routine Maintenance Cost (March) 1 @ LS $3,000.00 = $3,000.00 4. Routine Maintenance Cost (April) 1 @ LS $3,000.00 = $3,000.00 5. Routine Maintenance Cost (May) 1 @ LS $3,000.00 = $3,000.00 6. Routine Maintenance Cost (June) 1 @ LS $3,000.00 — $3,000.00 7. Routine Maintenance Cost (July) 1 @ LS $3,000.00 = $3,000.00 8. Routine Maintenance Cost (August) 1 @ LS $3,000.00 — $3,000.00 9. Routine Maintenance Cost (September) 1 @ LS $3,000.00 — $3,000.00 10. Routine Maintenance Cost (October) 1 @ LS $3,000.00 - $3,000.00 11. Routine Maintenance Cost (November) 1 @ LS $3,000.00 — $3,000.00 12. Routine Maintenance Cost (December) 1 @ LS $3,000.00 — $3,000.00 All Routine Maintenance Costs include weekly and monthly groundskeeping maintenance duties and responsibilities. Total Base Bid $ $36,000.00 Note: The amount entered as the 'Total Base Bid" should be identical to the Base Bid amount entered in Section 1 of the Bid Proposal form. Kayak Dock and Launch Pad (Price of 13. Annual Maintenance, Bid Add -On) 1 @ LS $2,500.00 $2,500.00 Grand Total Bid (with Add -On) $ $38,500.00 Loch Lomond Marina Groundskeeping Services Up to $175,000 Contract Bid Schedule Approved by City Attorney, dated 2/27/2020 This Bid Proposal is hereby submitted on , 20_, s/ s/ Company Name Address City, State, Zip Contact Name Name and Title Name and Title License #, Expiration Date, and Classification DIR Registration # Phone Contact Email Addenda. Bidder agrees that it has confirmed receipt of or access to, and reviewed, all addenda issued for this Bid. Bidder waives any claims it might have against the City based on its failure to receive, access, or review any addenda for any reason. Bidder specifically acknowledges receipt of the following addenda: Addendum: Date Received: Addendum: Date Received: #01 #05 #02 #06 #03 #07 #04 #08 END OF BID SCHEDULE Loch Lomond Marina Groundskeeping Services Approved by City Attorney: dated 2/27/2020 Up to $175,000 Contract Bid Schedule Exhibit D SUBCONTRACTOR LIST For each Subcontractor that will perform a portion of the Work in an amount in excess of one-half of 1 % of the bidder's total Contract Price,' the bidder must list a description of the Work, the name of the Subcontractor, its California contractor license number, the location of its place of business, its DIR registration number, and the portion of the Work that the Subcontractor is performing based on a percentage of the Base Bid price. DESCRIPTION SUBCONTRACTOR CALIFORNIA I LOCATION OF DIR REG. NO. PERCENT OF WORK NAME CONTRACTOR BUSINESS OF OF LICENSE NO. WORK END OF SUBCONTRACTOR LIST ' For street or highway construction this requirement applies to any subcontract of $10,000 or more. Loch Lomond Marina Groundskeeping Services Up to $175,000 Contract Subcontractor List Approved by City Attorney, dated 2/27/2020 General Info Alt Total: $2,500.00 Total: $38,500.00 Number Description Groundskeeping Services: The City intends to hire a fully -licensed contractor that is duly registered and licensed with Community Facilities District No. either a C61 or C27 license in the State of California. 2 at The Village at Loch Lomond Work will include pruning, weeding, plant replacement, watering, garbage removal, Marina cleaning of outdoor installations, graffiti abatement, and other assignments as required. Deadline Bid Submission: 09/09/2020 05:30 PM UTC The City of San Rafael will accept electronic bid submittals using Bid Express by or before Sept 9, 2020, at 10:30 a.m. at which time the bids will be publicly opened and Vendor read aloud on a Zoom Meeting. Information including the project documents and a How Forster & Kroeger Landscape To guide for first-time Bid Express users can be found on the San Rafael Bid Express Maintenance, Inc. home page at https://www.bidexpress.com/businesses/39341/home. Please note that you will have to register for a free Bid Express account to view project solicitations and Submitted download documents. 09/08/2020 04:09 PM UTC Bid Opening on Zoom: Signed by Sept 9, 2020 10:30 AM Pacific Time (US and Canada) Raul Garcia Account Holder Join Zoom Meeting Raul Garcia https://zoom.us/j/3062708393 Opened Meeting ID: 306 270 8393 09/09/2020 05:31 PM UTC By One tap mobile theo.sanchez@cityofsanrafael.org +16699006833„3062708393# US (San Jose) +13462487799„3062708393# US (Houston) Dial by your location +1 669 900 6833 US (San Jose) +1 346 248 7799 US (Houston) +1 253 215 8782 US (Tacoma) +1 312 626 6799 US (Chicago) +1 929 205 6099 US (New York) +1 301 715 8592 US (Germantown) Find your local number: https://zoom.us/u/ab8URLJggb Allows zero unit prices and labor No Allows negative unit prices and labor No ATTACHMENT LIST Request for Proposal with Attachments.pdf (3.52 MB) Page 1 of 6 10/07/2020 Project Agreement.pdf (492 KB) Addendum #1.pdf (186 KB) Addendum #2.pdf (187 KB) Addendum #3.pdf (656 KB) BID PROPOSAL This Bid Proposal is hereby submitted on [Date] 9/8/20 s/ * Raul Garcia Name and Title * Raul Garcia, President s/ * Raul Garcia Name and Title Raul Garcia. President Company Name * Forster & Kroeger Landscape Maintenance, Inc. License #, Expiration Date, and Class 748791, 5/31/22, C-27 Address * 77 Larkspur Street, San Rafael, CA 94901 DIR Registration # 1000027030 City, State, Zip * San Rafael, CA 94901 Phone * (415) 456-6684 Page 2 of 6 10/07/2020 Contact Name * Raul Garda Contact Email * raul@forster-kroeger.com 2. Addenda. Bidder agrees that it has confirmed receipt of or access to, and reviewed, all addenda issued for this Bid. Bidder waives any claims it might have against the City based on its failure to receive, access, or review any addenda for any reason. Bidder specifically acknowledges receipt of the following addenda (click "+" to add addenda. Type "N/A" if no addenda have been issued): Addendum No:* #1, #2, #3 Date Received: 7/30/20, 8/6/20, 9/2/20 END OF BID PROPOSAL BID SCHEDULE - DIRECTIONS Pricing must be provided for each Bid Item as indicated. Items marked "(SW)" are Specialty Work that must be performed by a qualified Subcontractor. The lump sum or unit cost for each item must be inclusive of all costs, whether direct or indirect, including profit and overhead. The sum of all amounts entered in the "Extended Total Amount' column must be identical to the Base Bid price entered in Section 1 of the Bid Proposal form. AL = Allowance LF = Linear Foot CF = Cubic Feet LS = Lump Sum CY = Cubic Yard SF = Square Feet EA = Each TON = Ton (2000lbs) LB = Pounds BID SCHEDULE $36,000.00 Bid Item No. Item Description Est Qty. Unit Unit Cost Extension Total: $36,000.00 Page 3 of 6 10/07/2020 Bid Item No. Item Description 1 Routine Maintenance Cost (January) 2 Routine Maintenance Cost (February) 3 Routine Maintenance Cost (March) 4 Routine Maintenance Cost (April) 5 Routine Maintenance Cost (May) 6 Routine Maintenance Cost (June) 7 Routine Maintenance Cost (July) 8 Routine Maintenance Cost (August) 9 Routine Maintenance Cost (September) 10 Routine Maintenance Cost (October) 11 Routine Maintenance Cost (November) 12 Routine Maintenance Cost (December) BID SCHEDULE: BID ADD-ON Est Qty. Unit Unit Cost Extension Bid Item No. Item Description Alternate: Owner -agency may award independently from entire bid. 13 Kayak Dock and Launch Pad (Price of Annual Maintenance) SUBCONTRACTOR LIST - INSTRUCTIONS 1.00 LS $3,000.00 $3,000.00 1.00 LS $3,000.00 $3,000.00 1.00 LS $3,000.00 $3,000.00 1.00 LS $3,000.00 $3,000.00 1.00 LS $3,000.00 $3,000.00 1.00 LS $3,000.00 $3,000.00 1.00 LS $3,000.00 $3,000.00 1.00 LS $3,000.00 $3,000.00 1.00 LS $3,000.00 $3,000.00 1.00 LS $3,000.00 $3,000.00 1.00 LS $3,000.00 $3,000.00 1.00 LS $3,000.00 $3,000.00 Total: $36,000.00 Est Qty. Unit Unit Cost Extension 1.00 LS $2,500.00 $2,500.00 Alternate Total: $2,500.00 Total: $2,500.00 $2,500.00 For each Subcontractor that will perform a portion of the Work in an amount in excess of one-half of 1% of the bidder's total Contract Page 4 of 6 10/07/2020 Price,[1] the bidder must list a description of the Work, the name of the Subcontractor, its California contractor license number, the location of its place of business, its DIR registration number, and the portion of the Work that the Subcontractor is performing based on a percentage of the Base Bid price. [1] For street or highway construction this requirement applies to any subcontract of $10,000 or more. SUBCONTRACTOR LIST Description of Subcontractor California Contractor Work Name License Number NON -COLLUSION DECLARATION The undersigned declares: Location of DIR Reg Percent of Business No. Work TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I am the President of: * Forster & Kroeger Landscape Maintenance, Inc. the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid and will not pay, any person or entity for such purpose. This declaration is intended to comply with California Public Contract Code § 7106 and Title 23 U.S.0 § 112. Page 5 of 6 10/07/2020 CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Public Works Project Manager: TS for Ryan Montes Extension: 3354 Contractor Name: Forster & Kroeger Contractor's Contact: Raul Garcia Contact's Email: raul@forster-kroeger.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor Click here to ❑ enter a date. b. Email contract (in Word) and attachments to City 10/8/2020 Attorney c/o Laraine.Gittens@cityofsanrafael.org ©TS 2 City Attorney a. Review, revise, and comment on draft agreement 10/15/2020 X❑ LG and return to Project Manager 10/15/2020 0 LG b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor 3 Department Director Approval of final agreement form to send to Click or tal ❑ contractor to enter a Forward three (3) originals of final agreement to date. 4 Project Manager Click here t( ❑ contractor for their signature enter a date. 5 Project Manager When necessary, contractor -signed agreement 9 N/A agendized for City Council approval * *City Council approval required for Professional Services ❑ Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 Click here to Date of City Council approval enter a date. PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 6 Project Manager Forward signed original agreements to City Attorney with printed copy of this routing form 7 City Attorney Review and approve hard copy of signed agreement 8 City Attorney Review and approve insurance in PINS, and bonds 4nu (for Public Works Contracts) —Pofficial J / C 9 City Manager/ Mayor Agreement executed by City Council authorized 10 City Clerk Attest signatures, retains original agreement and /� forwards copies to Project Manager c�-%